Poultry Feedingstuffs Order (Northern Ireland) 1999

Made: 28th April 1999

Coming into operation: 20th May 1999

The Department of Agriculture, in exercise of the powers conferred on it by Articles 5(1), 19(e), 44 and 60(1) of the Diseases of Animals (Northern Ireland) Order 1981[^f00001] and of every other power enabling it in that behalf, hereby makes the following Order:

Citation and commencement

1

This Order may be cited as the Poultry Feedingstuffs Order (Northern Ireland) 1999 and shall come into operation on 20th May 1999.

Interpretation

2

In this Order—

• “approved disinfectant” means a disinfectant for the time being approved by the Department under the Diseases of Animals (Approval of Disinfectants) Order (Northern Ireland) 1972[^f00002];

• “container” means any bin, box, skip or other rigid container which is not self-propelled and which is used for the carriage of feedingstuffs or ingredients thereof;

• “feedingstuffs” means any manufactured feedingstuffs intended for feeding to poultry;

• “poultry” means domestic fowls, turkeys, geese, ducks, guinea fowls, quails, pigeons, pheasants, partridges and ratites reared or kept for any purpose.

Restrictions on access to feedingstuffs and other ingredients

3

The owner or person in charge of any premises in Northern Ireland used for the manufacture of feedingstuffs or the collection or holding of such feedingstuffs or any ingredients intended to be used in the manufacture of feedingstuffs shall ensure that—

• (a) those premises or any container therein in which such feedingstuffs or ingredients are collected or held are, to the satisfaction of a veterinary inspector, vermin and bird proof; and

• (b) such feedingstuffs or ingredients are so collected and held in those premises or containers that no vermin or birds can gain access thereto.

Restrictions on removal of feedingstuffs for poultry

4

• (1) A person shall not use or cause or permit to be used any vehicle for the removal of feedingstuffs or ingredients intended for use in the manufacture of feedingstuffs unless such feedingstuffs or ingredients are—

• (a) carried in a leak-proof container which is enclosed by a tightly fitting lid or other cover which prevents spillage and both the container and the lid or other cover are capable of being thoroughly cleansed and disinfected;

• (b) sealed in a package which has not previously been used for any purpose; or

• (c) enclosed by impervious material which is capable of being thoroughly cleansed and disinfected and the vehicle is so constructed as to prevent any leakage or spillage.

• (2) A person shall not use or cause or permit to be used—

• (a) any vehicle or container for the removal of feedingstuffs or ingredients intended for use in the manufacture of feedingstuffs; or

• (b) any materials for the enclosure of such feedingstuffs or ingredients,

unless that vehicle or container (together with its lid or other covering) and those materials have not previously been used for any purpose or were first thoroughly cleansed and disinfected with an approved disinfectant.

Keeping of records

5

• (1) A person who sells or supplies ingredients for use in the manufacture of feedingstuffs shall, in respect thereof, keep the records specified in Part I of the Schedule.

• (2) A person who manufactures feedingstuffs shall, in respect thereof, keep the records specified in Part II of the Schedule.

• (3) A person who sells or supplies feedingstuffs shall, in respect thereof, keep the records specified in Part III of the Schedule.

• (4) The owner of poultry to which feedingstuffs are fed shall, in respect thereof, keep the records specified in Part IV of the Schedule.

• (5) A person required to keep a record under this Article shall—

• (a) retain such record for a period of 12 months from the date of the last entry in the record; and

• (b) produce such record to an inspector on demand being made by him at any reasonable time during that period and allow him to take a copy of it or an extract from it.

Revocations

6

The following Orders are hereby revoked—

• (a) the Poultry Feedingstuffs Order (Northern Ireland) 1991[^f00003]; and

• (b) the Poultry Feedingstuffs (Amendment) Order (Northern Ireland) 1991[^f00004].

Schedule

Part I — Records of ingredients

In respect of ingredients intended for use in the manufacture of feedingstuffs by any person, records shall be kept by the person selling or supplying the ingredients (“the supplier”) to the manufacturer as follows—

• (a) the name and address of the supplier of the ingredients;

• (b) the address of any premises where the ingredients were collected or held prior to the sale or supply;

• (c) the name and address of the manufacturer to whom the ingredients were sold or supplied, the date of that sale or supply and the address of the premises to which they were delivered; and

• (d) the quantity and a description of each consignment of ingredients dispatched by the supplier.

Part II — Records of manufacture of feedingstuffs

In respect of feedingstuffs manufactured by any person records shall be kept by the person who manufactured the feedingstuffs (“the manufacturer”) as follows—

• (a) the name and address of the manufacturer;

• (b) a list of ingredients contained in each batch of the feedingstuffs;

• (c) the name and address of the person who sold or supplied those ingredients to the manufacturer and the date when sold or supplied;

• (d) the description and quantity of each batch of the feedingstuffs manufactured and the batch number if applicable;

• (e) whether the feedingstuffs were processed and, if so, the type of processing and the date and the address at which the processing took place; and

• (f) the address where the feedingstuffs were stored after they were manufactured.

Part III — Records of sale and supply of feedingstuffs

In respect of feedingstuffs sold or supplied by any person the following records shall be kept by that person—

• (a) the name and address of the person selling or supplying the feedingstuffs;

• (b) the name and address of the person (if any) from whom he purchased or who otherwise supplied him with the feedingstuffs and the date of that purchase or supply;

• (c) the quantity, description and batch number, if applicable, of each consignment of feedingstuffs dispatched by the person selling or supplying the feedingstuffs;

• (d) the name and address of the person to whom the feedingstuffs were sold or supplied, the date of that sale or supply and the address of the premises to which they were delivered; and

• (e) the address of any premises where the feedingstuffs were collected or held prior to the sale or supply.

Part IV — Records of feeding of feedingstuffs

In respect of feedingstuffs fed to poultry by any person, the following records shall be kept by that person—

• (a) the name and address of the owner of the poultry;

• (b) the address of the premises where the poultry are kept;

• (c) the name and address of the person who sold or supplied the feedingstuffs and the quantity and description of each consignment of feedingstuffs delivered by or on behalf of that person; and

• (d) if applicable the address where the feedingstuffs were collected or held prior to being fed to the poultry.

Signed

Sealed with the Official Seal of the Department of Agriculture on

R. S. Johnston — Assistant Secretary — 28th April 1999.

Explanatory note

(This note is not part of the Order.)

This Order revokes and replaces the Poultry Feedingstuffs Order (Northern Ireland) 1991 (“the 1991 Order”). The 1991 Order prohibited the sale and supply for feeding to poultry of feedingstuffs and the feeding to poultry of such feedingstuffs unless the feedingstuffs were first heat treated. This prohibition is now omitted. As a consequence, provision on separation of heat treated feedingstuffs from such feedingstuffs and their ingredients also no longer apply. Instead this Order imposes requirements as to the storage and transport of feedingstuffs and ingredients to ensure, in particular, that access thereto by vermin is prevented. The Order also imposes certain record keeping requirements on those who are involved in the manufacture, sale, supply, collection, holding, use or removal of manufactured poultry feedingstuffs or their ingredients.

Any person who without lawful authority or excuse, proof of which shall lie on him, contravenes any provision of the Order shall be guilty of an offence against the Diseases of Animals (Northern Ireland) Order 1981. The penalty, on summary conviction, is in the case of an offence committed in relation to carcases or other inanimate things a fine at level 5 on the standard scale (currently £5,000) together with a further fine at level 3 on the standard scale (currently £1,000) in respect of every 508 kilogrammes in weight of the carcases or other things after the first 508 kilogrammes.

Footnotes

[^f00001]: S.I. 1981/1115 (N.I. 22) as amended by S.I. 1984/702 (N.I. 2) Art. 17 and S.I. 1994/1891 (N.I. 6) Art. 23

[^f00002]: S.R. & O. (N.I.) 1972 No. 16 (p. 55) as amended by S.R. 1975 No. 69 and S.R. 1995 No. 467

[^f00003]: S.R. 1991 No. 140

[^f00004]: S.R. 1991 No. 362